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HomeMy WebLinkAbout1992/09/15 Item 7 (A~ , ..< \tX. ~t, V 09) ,\,,~ t~\I '7~fl O~ \~ ~CI t-t't ,,~ t"~ ,-t,~ 5" .,,< t \l"' ORDINANCE NO. -;:(53D S<'c: o,1z> ~<'-1 Dq,O -11'b -sr'04' AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE PREZONlNG 3.59 ACRES NORTH OF OTAY LAKES ROAD EAST OF LEHIGH AVENUE TO R-l, AND FINDING THAT SUCH ZONING ACTIVITY IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACI' WHEREAS, property consisting of approximately 3.59 acres located in the County of San Diego generally located north of Otay Lakes Road and east of Lehigh Avenue, and diagrammatically presented on the small area map attached hereto as Exhibit A, ("Property") is currently not within the corporate limits of the City; and, WHEREAS, the Property is currently owned~<by the Otay Municipal Water District, which has adopted a Resolution consenting to the annexation of the property to the City of Chula Vista; and, WHEREAS,a duly verified application for a prezoning action was filed with the Planning Department of the City of Chula Vista on July 6, 1992, by the City of Chula Vista; and, WHEREAS, said application requested the prezoning of the approximately 3.59 acres Otay Municipal Water District water tank site as required by the Local Agency Formation Commission prior to the annexation of the property to the City, and, WHEREAS, a public hearing by the Planning Commission was held at the time and place as advertised, namely 7;00 p.m., August 12, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter. closed, and WHEREAS, from the facts presented to the Planing Commission, the Commission has determined that the prezoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience, general welfare, and good zoning practice support the prezoning to R-l; and, WHEREAS, the Planning Commission passed and approved this application on August 12, 1992. Ord Re: Prezone of Telegraph Canyon Road Water Tank Site - September 8, 1992 Page 1 7'-{ NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: Exempt as Minor Alteration in Land Use. This particular ning activity is an activity exempt from environmental review under Section 15305 of the C A Guidelines on the basis of the fact that the impression of an R-l zone will constitute a or alteration in land use inasmuch as the County's pre-existing S87 zoning permits family . dential uses as well as various other uses, and inasmuch as the actual use thereof was and con ues to be a less environmentally intense use. SECTION n: Fin The City Council fin s that the prezoning is consistent with the City of Chula Vista General Plan and that public n sity, convenience, general welfare, and good zoning practice support the prezoning to R-l. The Property is hereby pre ed Single Family Residential with a 7,000 square foot minimum parcel size, to wit: R-l. Presented by Approved as to form by (pco93A.GnI) l~ '. L tJ" ,'\. ' /, ~-' 1,.1: 'fJ\" 'Bruce M. Boogaard' ity Attorney ,-' Robert A. Leiter Director of Planning Ord Re: Prezone of Telegraph Canyon Road Water Tank Slte - September 8, 1992 Page 2 p-r.L '} -/.).. COUNCIL AGENDA STATEMENT It ' ,/ '7 Meeting Da:~j?~~ ITEM TITLE: PUBUC HEARING: PCZ-93-A - Consideration to prezone 3.59 acres north o'~ Lakes Road, east of Lehigh Avenue to R-l Single Family . Re~&1 - City initiated \:> ~~dinance ~Sao Approving PCZ-93-A -:0\\~ A/ SUB~ BY: Director of Planning ~t ~\) I' ,C\ ~WED BY: City Manager JG ~ ~'\ (4/Sths Vote: Yes_No...xJ The proposal involves the prezoning of the 3.59-acre Qtay Municipal Water District water tank site located north of Otay Lakes Road and east of Lehigh Avenue to R-l Single Family Residential. The site is currently zoned County S87 (Limited Control). The Environmental Review Coordinator has determined that this action is exempt from environmental review as a Class 19(a) exemption. RECOMMENDATION: That Council adopt the ordinance approving PCZ-93-A BOARDS/COMMISSIONS RECOMMENDATION: On August 12, 1992, the Planning Commission voted 6-0 to recommend that Council approve the request in accordance with Resolution PCA-92-A (one Commissioner absent). DISCUSSION: The proposal area consists of a rectangular parcel of land north of Otay Lakes Road and east of Lehigh Avenue. It lies at the northwest comer of the proposed Telegraph Canyon Estates project area, although outside of the boundaries of that project. The subject parcel is owned by the Otay Municipal Water District and contains a water tank. The proposed prezoning and subsequent annexation of this property is a result of a requirement by LAFCO that this parcel be annexed in conjunction with the annexation of the adjacent property currently being processed under the project name of Telegraph Canyon Estates. The annexation of this 3.59 acre parcel in conjunction with that project will preclude the creation of a County island. The existing land uses to the west of the subject site are residential, consisting primarily of detached single-family homes (Southwestern College Estates). The property directly north, east ~ '/-) Page 2, Item j}( ~J Aa" Meetin& Date~y 17/ ' and south of this parcel is included in the proposed Telegraph Canyon Estates project, which depicts community purpose facilities directly north of this parcel, and detached single family residential to the east and south. The proposed prezoning would place the subject property in the R-l residential zone, consistent with existing westerly adjacent zoning. Existing zoning on this site is S87 (Limited Control) which is intended to provide limited controls on property pending specific studies for rezoning (please see attached for a copy of the S87 zone regulations). The R-l zone is also consistent with the Chula Vista General Plan, which designates the site for Residential Low-Medium (3-6 dwelling units per acre). The subject site is owned by the Otay Municipal Water District and currently .contains a water tank. While the rezoning of this property would technically create a legal nonconforming use (public and quasi-public uses require a conditional use permit approved by the City Council, per Section 19.54.020(M) of the City Municipal Code), the existing water tank would not be affected except in the case of a .proposal for substantial m~fication to the site, at which time an application for a conditional use permit could be required. On July 15, 1992, the Board of Directors of the Otay Water District adopted Resolution No. 3150 consenting to the annexation of the property to the City of Chula Vista (please see attached). The District does not oppose the prezoning to R-l, FINDINGS: The proposed prezoning is consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare, and good zoning practice support the prezoning to R-l Single Family Residential. FISCAL IMPACT: Not applicable (pezIl3A.aI13) ~?..~ ~...~ ,. . ~tcT ~OeATI~ "- ie~~D ~~,..;? i ~"'T~S pp.a.J~ ! , ~-H-V i . . '. . . . ~ " , '. '. , . . . I -""',- I " . , ......1 E &,,,"'11I ._.~ _..._._EXHIBIT A~J ( ~rrY P? ~Ul,..A.VI~A ~t'. ~p. ()T 10.'( L..A"~ RM ~,(. ~ ILOII1'U P~.4 7- A - LO.CATOR ~~~ t'T'f'IIy MUNI~IP~ w"'~ PIt'A'JZ.IG.T .,..,1 ~~ WATif" 1'~'" 4'IT. . ( &-11'Y tIP' ~l.Jl..A VISfA "JO.t'~D NORTH (Pt..'Z - "1 ~ - A I . . I . \ ( I J i .. ~ . ~ . t . t t OJ ~ . I ~ ! \ )' ) ) LOCATOR 6~f.J ~~I,....- P~hJ , '. r( 2870 S87 LIMITED CONTROL USE REGULATIONS 2870 INTENT. The provisions of Section 2870 through Section 2879, inclusive, shall be known as the 587 Limited Control Use Regulations. The 587 Use Regula- tions are intended to provide limited controls on the use of property in portions of the unincorporated area of the County pending specific studies to enable rezoning of said area in confonnance with the adopted General Plan. . 2872 PERMITTED USES. The following use types are pennitted by the 587 Use Regulations: a. Residential Use Types. Family Residential b. Civic Use Types. Essential Services ( ( Fire Protect ion Serv ices (see Sect ion 6905) .. ~ c. Agricultural Use Types. Horticulture (all types) Tree Crops Rowand Field Crops Packing and Processing: Limited (Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6654 (N.S.) adopted 9-21-83) (Amended by Ord. No. 6782 (N.S.) adopted 5-16-84) 2873 PERMITTED USES SUBJECT TO LIMITATIONS. The following use types are pennitted by the 587 Use Regulations subject to t~e applicable provisions of Section 2980. The number in quotes fol- lowing the use type refers to the subsection of Section 2980 which applies. 3-85 ~ ,- ? -j --:- RESOLUTION NO. 3150 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT CONSENTING TO THE ANNEXATION OF A PARCEL OF LAND TO THE CITY OF CHULA VISTA (FN 368l/WO 2840) WHEREAS, the Baldwin company is developing the Tele- . . graph canyon Estates Project in the Central Area of the Otay Water District; and WHEREAS, Baldwin proposes to annex this development to the city of Chula Vista; and WHEREAS, the boundaries of t~s project surround prop- erty now owned by the Otay Water District where the 624-2 Reservoir and the San Diego County Water Authority No. 9 aqueduct connection are located; and WHEREAS, LAFCO prohibits annexations which create unin- corporated islands; and WHEREAS, Baldwin has requested that the Otay Water Dis- trict consent to the annexation of this parcel to the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the Board of Direc- tors does hereby consent to the annexation of its parcel containing the 624-2 Reservoir and the San Diego County Water Authority No. 9 aqueduct connection to the City of Chula Vista. BE IT FURTHER RESOLVED that the General Manager is authorized to provide written consent to LAFCO indicating the District's willingness to allow Assessor's Parcel No. ~ ?-~ -- , --:::-; ~"-' .' 595-070-05 to be annexed to the city of Chula Vista's part of the Telegraph Canyon Estates Annexation. PASSED, APPROVED AND ADOPTED by the Board of Directors of otay Water District at a regular meeting held this 15th day of July, 1992. . . ATTEST: ~~:.I!:f ~ M~ . V~ce President ... 2 ?-7 ( RESOLUTION PCZ-93-A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT CITY COUNCIL PREZONE 3.59 ACRES TO R-l WHEREAS, the proposed prezoning and subsequent annexation of this property is required by LAFCO in conjunction with the prezoning and annexation of the adjacent property currently being processed under the project name of Telegraph Canyon Estates in order to preclude the creation of a County island, and WHEREAS, the Planning Commission set the time and place for a hearing on said prezoning, application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., August 12, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. ... NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the Planning Commission, the Commission has determined that the prezoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience, general welfare, and good zoning practice support the prezoning from County S87 (Limited Control) to City R-l (Single Family Residential). BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt an ordinance to prezone 3.59 acres to R-I Single Family Residential as shown on Exhibit A. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of August 1992 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners Carson, o..ilIa., Decker, Fuller, Martin, and Ray None Commissioner Tuchscher (excused) None ~]Casi1~Chai" oe. ,rman ATTEST: '11-.~ ?L~ Nancy Ri ey, Secretary ~ ?..~ UNOFFDCUAl MINUTES ITEM 4: EXCERPT FROM PLANNING COMMISSION MINIITFS OF 8/12/92 PUBLIC HEARING: PCZ-93-A: CONSIDERATION TO PREZONE 3.59 ACRES NORm OF OTAY LAKES ROAD, EAST OF LEHIGH AVENUE TO R-l SINGLE FAMILY RESIDENTIAL - City Initiated Senior Planner Griffin explained that with the annexation of Telegraph Canyon Estates, this site would become a County island. The Local Agency Formation Commission (LAFCO) requires that before property can be annexed, it must be prezoned. The intent of this prezone is to annex this property along with the Telegraph Canyon Estates property, so as not to create a County island. Staff recommended approval based on the findings stated in the staff report. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MSUC (Fuller/Carson) 6-0 (Ct'mml~~ioner Tuchscher absent) that based on the rmdings that the proposed prezoning is consistent with the City of Chula Vista General Plan, that the Planning Comml,,~ton adopt a motion recommending that the City Council prezone 3.5 acres to R-l, as shown in Exhibit A. ... ~ 7~1 .~ nns PAGE BLANK ... . ~ 7-/1/